Loading...
16-0503_ECOLOGY CENTER, THE_E1a_Agenda Report5t3t2016 E1a TO City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council FROM:Siegel, City Manager SUBMITTED BY: David Ott, lnterim Assistant City Manager DAÏE:May 3, 2016 Consideration of Approval of a License Agreement for the use of the Joel Congdon House and Adjacent Property located at 32701 Alipaz Street with Ecocenter, lnc., dba, The Ecology Center SUBJECT .ø." MENDATIO By motion, 1. Approve a twenty (20) year License Agreement (Attachment 1) for the use of the Joel Congdon House on an approximately 0.75 acre area located at 32701 Alipaz Street with Ecocenter, lnc., dba, The Ecology Center, for a monthly fee of $2,000 dollars; and, 2. Authorize the City Manager to execute the License Agreement. EXECUT SUMMARY The current License Agreement with The Ecology Center for the property located at 32701 Alipaz Street was extended for six (6) months at the September 15, 2015 City Council meeting. At the direction of the City Council, staff has been negotiating a new Agreement with the Ecology Center. Staff is recommending approval of a twenty (20) year License Agreement with the Ecology Center for the purpose of continuing to operate an environmental educational center and museum in and around the Congdon House. City Council Agenda Report May 3, 2016 Pase 2 of 3 DISCUSSION/ANALYSIS: Under the current License Agreement (Attachment 2), The Ecology Center operates an environmental educational center and museum in and around the Congdon House on an approximately 0.75 acre area located at 32701 Alipaz Street. In its 2015 Annual Performance Report (Attachment 3), the Ecology Center reported that they conducted 97 public programs at the Center involving 5,397 participants; 60 school programs with 28,096 participants;22 events with 3,572 participants; and served 11,000 visitors at the Ecology Center. Examples of recommended changes as compared to the current License Agreement include: o A twenty (20) year License Agreement term. The previous term was five (5) years.o An initial monthly fee of $2,000 dollars. The current monthly fee is $1,000.. An annual CPI fee escalator. The current License Agreement does not have a CPI escalator.o The Licensee shall conduct capital donation fundraising campaigns for future Capital lmprovement Projects (ClP). The current agreement has no provision for required fundraising activities by the Licensee. Examples of donation fundraising campaigns would include, but not limited to:. Reconstruction of the Barn Facility and Public Meeting Room Space. Construction of an additional Restroom Facility. Construction of supporting Sanitation and Water Structure lmprovements. Parking Lot lmprovements. Additional Exterior Low-level Energy Efficient Lighting. Additional Congdon House lmprovements Including New Flooring ln recognition of the Ecology Center's investment in the property, under the proposed License Agreement the City would waive permit fees associated with these projects. Under the proposed License Agreement, the Ecology Center would continue to be responsible for all interior and exterior maintenance and repair costs. The Ecology Center also pays for all water and other utility costs, and provides insurance for the property. At the February 23,2016, Planning Commission meeting, the Commission approved PC Resolution NO. 16-02-23-1 and Conditional Use Permit 15-006 (Attachment 4). Those conditions and restrictions have been incorporated into the recommended License Agreement by reference. City Council Agenda RePort May 3, 2016 Pase 3 of 3 FISCAL IMPACT: The City will receive $24,000 in revenue during the initial year of the License Agreement. For the remaining nineteen (19) year term there will be an annual escalating CPI fee adjustment. ENVIRONME AL IMPACT This matter is exempt from review under 14 Cal Code Regs 515301 -- Exemption: Operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical featurel,'involving negligible or no expansion of use beyond that existing at the time of the lead agency'è determination. Any future improvements to the property associated with this License Agreement will be evaluated for environmental impact on an individual basis. PRIOR CITY COUNCIL REVIEW On October 19, 2010 the City Council approved a five (5) year License Agreement for the use of the Joe Congdon House and adjacent grounds located a{ gZlOl Alipaz Street with Ecocenter, lnc. dba, The Ecology House, for the purpose of operating an environmental educational center and museum. On June 16, 2015, the City Council directed staff to negotiate a License Agreement renewalwith the Ecology Center. On September 15,2015 the City Council approved a six (6) month extension to the current License Agreement. o o COMMISSIO N/COMMITTEE/BOARD REVIEW AND RECOMMEN DATIONS On February 23,2016 the Planning Commission approved PC Resolution NO 16-02-23-1 and Conditional Use Permit 15-006. NOTIF¡CATION Evan Marks, The Ecology Center HMENT Attachment 1 - Draft twenty (20) year License Agreement Attachment 2 - October 19, 2010 License Agreement Attachment3 -2015 Annual Performance Report Attachment 4 - PC Resolution No. 1 6-02-23-1 and Conditional Use Permit 15-006 o LICENSE AGREEMENT ThisLicenseAgreement(..Agreement'')ismadethis-dayof-' 2016, by and between the City of San Juan Capistrano and Ecocenter, lnc., dba The Ecology Center, a California nonprofit public benefit corporation ("Licensee"). RECITALS: WHEREAS, Licensor is the owner of a 28.225 acre farm in the City of San Juan Capistrano, California, located at 32701 Alipaz Street, which property was acquired to be maintained as open space within the City and for the preservation of the historic Joel Congdon House; and WHEREAS, Licensee desires to continue conducting environmental education uses in and around the Congdon House (House) on an approximately 0.75 acre area at 32701 Alipaz Street (hereinafter referred to as the "Property") and has the requisite expertise and experience to conduct such uses. NOW, THEREFORE, City and Licensee do hereby mutually agree as follows: Section 1. Grant of License Licensor hereby grants a license to Licensee for the purpose of managing and maintaining The Ecology Center within the Property. The portion of the site which is the subject of this License is specifically described in the Site Plan attached as Exhibit A, and incorporated herein by reference. Section 2. Term of License. The term of this License Agreement shall be for a period of twenty (20) years following the date that this Agreement is fully executed ("Effective Date"). Section 3. License Fee. In consideration of the terms of this Agreement, the Licensee agrees to pay Licensor the fee amount of two thousand ($2,OOO¡ dollars per month for the use of the Property. The monthly fee shall be due on the first day of each month after the Effective Date of this Agreement and the monthly fee amount shall automatically increase annually thereafter on the anniversary date of this Agreement based on the current Los Angeles/Orange County/Riverside Consumer Price lndex for the preceding year, rounded up to the nearest five (5) dollar increment. ln no event shall the amount of the License Fee go down. 1 ATTACHITIIENT 1 Section 4. Allowable Uses Licensee may not utilize the Property in violation of laws, regulations or conditions of approval or for any other uses than those specifically set forth in this Agreement and Conditional Use Permit (CUP) 15-006 for The Ecology Center, approved by Planning Commission Resolution No. 16-02-23-1, as amended from time to time, and incorporated herein by reference (Exhibit B). Section 5. Reservations to Licensor Licensor reserves the right to enter the Property at any reasonable time for the purpose of inspection. Any rights herein reserved shall, moreover, not be exercised in any manner which will unreasonably interfere with Licensee's use and occupancy of the Property for the purposes stated in this Agreement. Licensor also reserves the right to enter the Property for purposes of maintenance, which may include the need for Licensee to vacate Property for a reasonable temporary period to be specified at that time, with provision of (ninety) 90 days' notice, except for repairs deemed to be for emergency/public safety reasons. Section 6. Condition. Maintenance and lmprovements. (a) Condition: Licensee agrees to accept the Property in present condition on the date of execution of this Agreement. Licensee agrees to maintain at the Licensee's expense the Property in good order and safe and sanitary condition. (b)Maintenance and Custodial Responsibilities: Licensee shall be responsible for, but not limited to the following items: 1. lnterior maintenance and janitorial functions including solid waste and recycling disposal. 2. Appliance repair and replacement. 3. Maintenance of the heating/cooling system, smoke detectors and interior plumbing, including repair or replacement of deteriorated equipmenUfixtures due to aging. 4. Care and maintenance of interior flooring, walls, ceilings, including painting/wallpaper, and built-ins. Repair or like-for-like replacement of materials shall be in compliance with the Secretary of the lnterior's Standards for Treatment of Historic Properties due to ordinary wear and tear/aging. 5. Repair and maintenance of interior furnishings. 6. Repair and maintenance of interior and exterior light fixtures, including replacement of bulbs and like-for-like replacement of fixtures due to aging or malfunction. 2 7. Exterior grounds maintenance and repair, including ensuring adequate drainage to prevent deterioration of historic building foundations; irrigation; utility laterals; landscape (except historic tree trimming), parking and drive aisles; and hardscape in compliance with the Secretary of the Interior's Standards for Treatment of 'Historic Properties. 8. Pest control (not including termites). 9. Exterior building upkeep and minor repair, including minor wall, window and door repair; exterior painting of the House, outbuilding, and water tower per Secretary of the lnterior's Standards. 10. Roof shingle repair/replacement and exterior character-defining feature replacement, repair, maintenance as determined by the City Manager or designee for the House and water tower. 11. No alterations to the House or any other facility located on the Property shall occur without prior written approval by the Licensor. 12.Repair or replacement of House electrical system due to aging of structure. 13. Periodic trimming and maintenance as determined necessary by the Licensor for the three pre-existing historic trees (palm and citrus southeast of, and palm in front of the House). l4.lnterior repair and maintenance of water tower if proposed to be used for program, office or any related uses by Licensee with prior Licensor approval. 15. Maintenance (sanitation pipe cleaning and clog removal, minor leaks) of water/sewer mains and storm drains external to the site that seryes the Property. (c) Tenant lmprovements: Licensee must receive written approval from Licensor prior to making any improvements to the Property and/or facilities. lf a permit is required the Licensee shall submit to the Development Services Department, in writing, any desired changes/improvements to the Property and/or facilities. lt is is the responsibility of Licensee to determine if a permit(s) is required. All required permits must be obtained prior to commencing any work on said improvements. All improvements undertaken by Licensee and their maintenance shall be the financial responsibility of Licensee unless a cost sharing agreement with the City is approved by the Licensor. Section 7.Electrical Gas Tele Television/Cable/ W ireless Services. Expenses related to any and all of these utilities and services for the Property are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these utilities and services. Licensor staff will not meet vendor for delivery, ínstallation, repair, or removal appointments. 3 Section I ditions of O n The Property shall be used for environmental education and museum functions in accordance with the provisions of this Agreement and CUP 15-006 including the specific conditions therein, as amended from time to time and incorporated herein by reference. (a) Any holes or other defacement of the walls, roof or ceiling of the House shall be repaired and restored back to original condition by Licensee. No structural or other changes of any kind shall be made to the House or any other improvement on the Property unless prior written approval is obtained from the Licensor. The House floor shall be maintaíned in its original condition, with no permanent alterations; only temporary coverings (e.9., rugs) that do not need to be affixed to the floor are allowed. (b) Licensee shall obtain approval from Licensor for distribution of keys, and shall provide Licensor a list of key-holders. No unauthorized distribution of keys shall occur. (c) Licensee shall, at all times, keep the Licensor's designated liaison, the Assistant City Manager (or his/her designee), advised of the Licensee's current address and telephone number. (d) Licensee shall, at all times, ensure that the operation and use of the Property does not adversely affect the public health, safety and welfare. (e) Licensee shall submit a performance report annually on or before March 31"t to the City Manager per City Council Policy 014 including the following: Number of visitors receiving benefits from activities including tours, meetings, and classes. The city of residence of citizens receiving benefits. Proof of the organization's continued nonprofit status. Disclosure of all activities being conducted on the Property, including tours, meetings, and classes. Description of maintenance of Property. lnformation on the total revenue received by the Licensee in conjunction with the operation of the Property under this Agreement during the reporting period and disclosure of the sources of that revenue. 1 2 3 4 5 6 4 Section 9. Future Capital lmprovement Projects The Licensee shall conduct capital donation fundraising campaigns for future Capital lmprovement Projects (ClP) including, but not limited to the following: o Reconstruction of the Barn Facility and Public Meeting Room Space. An additional Restroom Facility. Supporting Sanitation and Water Structure lmprovements. Concession Snack Baro Parking Lot lmprovementso Additional Exterior Low-level Energy Efficient Lightingr Additional House lmprovements Including New Flooring The initial fundraising campaign for the Barn Restoration will be initiated no later than July 1, 2016. Fundraising campaign efforts for Property related ClPs shall not be initiated without prior Licensor written approval. ln partnership with improving and constructing these projects as listed in this section, the City will waive permit fees associated with these projects. Section 10. Compliance with Law Licensee shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 11. Insurance/lndemnitv On or before beginning any of the services or work called for by any term of this Agreement, Licensee, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the Licensor, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the Licensor. lnsurance required herein shall be provided by Admitted lnsurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class Vllor better. (a) Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than two and a half million dollars ($2,500,000), per occurrence combined single limit coverage. (b) Proof of lnsurance Requirements/Endorsement. Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming Licensor, its officers, employees, agents, and volunteers as additional insured as respects each of the following: liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of 5 Licensee; or premises owned, occupied or used by Licensee. The coverage shall contain no special limitations on the scope of protection afforded the Licensor, its officers, employees, agents, or volunteers. (c) Notice of Cancellationffermination of lnsurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to Licensor, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 12. No Assiqnments. Licensee shall not assign this Agreement or any interest herein, or sublet the Property or any part thereof, or license the use of all or any portion of the Property or business conducted therein or thereon, or encumber or hypothecate this Agreement, without first obtaining the written consent of Licensor. Any assignment, subletting, licensing, encumbering, or hypothecating of this Agreement without such prior written consent shall, at the option of the Licensor, be subject to automatic termination of the Agreement by Licensor. Section 13. Termination. This Agreement may be terminated upon the default of one of the parties if such default is not cured within ninety (90) days following written notice of such default from non-defaulting party. ln the event of a dispute between the parties, Licensor and Licensee shall meet and confer regarding the matter. lf the dispute cannot be resolved through a meet and confer session, then the Agreement may be terminated by the non- defaulting party. Section 14. Notices. All notices, demands, consents, or other communícations required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S. mail, or personally served upon the other party. To Licensor: City of San Juan Capistrano City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Licensee: Evan Marks, Executive Director The Ecology Center 32701Alipaz Street San Juan Capistrano, CA 92675 6 Section 15. Attorneys' Fees. lf either party commences action against the other party arising out of or in connection with this Agreement, t he prevailing party shall be e ntitled to h ave an d recover from the other party reasonable attorney's fees and costs of suit. Section 16. Entire Aqreement. This Agreement constitutes the entire understanding and agreement between the parties regaiding the Property and supersedes all previous negotiations and agreements between them pertaining to the subject matter thereof. lN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. CITY OF SAN JUAN CAPISTRANO By Pam Patterson, Mayor ECOCENTER, INC By Evan Marks, Executive Director ATTEST Maria Morris, City Clerk APPROVED AS TO FORM 7 Jeff Ballinger, City AttorneY LICENSE AGREEMENT This License Agreement ('Agreement") is made ft,i, #Juv ot 2010, by and þetween the CitY of San Juan Capistrano and San Juan Capistrano Community Redevelopment Agen cy ("Licensor"), and Ecocenter, lnc., dba The Ecology Center, a California nonprofit public benefit corporation ("Licensee") RECITALS: WHEREAS, Licensor is the owner of a 28.225 acre farm in the City of San Juan Capistrano, Califor:nia, located at 327ü Alipaz Street, which property-was acquired to be maintained as open space within the City and for the preservation of the historic Joel Congdon House; and WHEREAS, Licensee desires to conduct environmental education and museum uses in and around the Congdon House on an approximately 0.75 acre area a|32701 Alipaz Street (hereinafter referred to as the "Property") and has the requisite expertise and experience to conduct such uses. NOW, THEREFORE, City and Licensee do hereby mutually agree as follows: Section 1. Grant of License. Licensor hereby grants a license to Licensee for the purpose of managing and rnaintaining The Ecology Center within the Property. The portion of the site which is the subject of thís License is specifically described in the Site Plan attached as Exhibit A, and incorporated herein by reference. Section 2. Term qt-Lic-ens-q, The term of this license shall be for a period of five (5) years from the effective date of this Agreement. Section 3. l-icenoe Ëee. ln consideration of the terms of this Agreement, the Licensee agrees to pay Licensor the fee amounts lisied below for use of the Property as authorized by this Agreement. The monthly fee shall be due on the first day of each monih after the effective date of this Agreement and the fee amount shall increase annually thereafter on the anniversary date of this Agreement, (a) Foe during first year: $100.00/month.(b) Fee during second year: $200.00/month.(c) Fee during third year: $300.00/month. 1 ATTACHMENT 2 d) Fee during fourth year: $1,000,00/month.e) Fee during fifth year: $1,000.00/month. Section 4. Allowable Uses. Licensee may not utilize the property for any other uses than those specifically set forth in this Agreement and Conditional Use Permit (CUP) 08'003 for The Ecology Center, approved by Planning Commission Resolution No. 08-8-1 2-2, as amended from time to time, and incorporated herein by reference. The Property shall be used by Licensee for the conduct of environmental education and museum uses for the benefit of the public in accordance with the conditions imposed by this Agreement and CUP 08-003. The public shall have access only to the first floor of the House and the grounds immediately surrounding the House, as depicted on the site plan and first floor plan attached hereto as Exhibits "4" and "8" respectively, and incorporated herein by reference. lt is understood that The Ecology Center's programs are conducted indoors and outdoors in accordance with CUP 08-003 provided the use does not result in the creation of any public nuisance as defined by the Municipal Code to the satisfaction of the City Manager or designee. Ïhe second floor of the House shall be used as offices and storage solely for The Ecology Center, Under no circumstance is the second floor of the House (Exhibit "C") to be open to the public at any time. Licensee shall provide supervision and management over the operations to onsure the first floor and surrounding yard area is open to the public. Licensee shall be responsible for the supervision and management of every aspect of the facility in accordance with the provisions of this Agreement and the conditions imposed by CUP 08-003, in a business-like manner. Use of the Property shalt be in compliance with all applicable local, state and federal regulations. Section 5. Re$qrvations to Licensor Licensor reserves the right to enter the Property at any reasonable tirne for the purpose of inspection. Any rights herein reserved shall, moreover, not be exercised in any manner which will unreasonably intedere with Licensee's uso and occupancy of the Property for the purposes stated in this Agreement, Licensor also reserves the right to enter the Property for purposes of maintenance, which may include the need for Licensee to vacate Property for a temporary period to be specified at that time, with provision of 30 days notice except for emergency repairs. Section 6, Condition. Maintenance arld lmprovements, (a) Conditioltj Licensee agrees to accept the Property in present condition on the date of execution of this Agreement. Licensee agrees to maintain at the Licensee's expense the Property in good order and safe and sanitary condition, ( ( 2 (b) Mgintenance ---and tu$todjgl Respoû.sibilities: Licensee shall be responsible for, but not limited to, the following items: 1. lnterior maintenance/janitorial functions including solid waste and recycling. 2. Appliance repair and replacement. 3. Maintenance of heating/cooling system, smoke detectors and plumbing, including repair or replacement of deteriorated equipmentlfixtures due to aging. 4. Care and maintenance of interior flooring, walls including painting/wallpaper, and builþins, including repair or like'for-like replacement of materials ín compliance with the Secretary of the lnterior's Standards for Treatrnent of Historic Properties due to ordinary wear and tear/aging. 5, Repair and maintenance of interior furnishings. 6. Repair and maintenance of interior and exterior light fixtures, including replacement of bulbs and like-for-like replacement of fixtures due to aging. 7. Exterior grounds maintenance and repair, including ensuring adequate drainage to prevent deterioration of historic building foundations; irrigation; utility laterals; landscape (except historic tree trimming), parking and drive aisles; and hardscape in compliance with the Secretary of the lnterior's Standards for Treatment of Historic Properties. 8. ln lieu of expanded Licensee use of second ffoor, storage of Licensor' owned furnishings from Williams/Swanner House (formerly stored on- site by prior agreement) shall CIccur during the first year of this Agreernent either on-site, or at an approved secure, climate-controlled storage facility, to the satisfaction of the City Manager or designee until such time that Licensor no longer requires storage or the end of the first year of this Agreement, whichever occurs first. Said storage shall be Licensee's financial responsibility during the first year of this Agreement. Location of and full access to unit shall be provided to Licensor personnel and items shall not be moved again at Licensee's initiation without prior Licensor approval, lf Licensor requires/directs items to be rnoved to a different location during the first year of this Agreement, and at the end of the first year of this Agreement, Licensor shall incur cost. 9. Pest control. 10. Exterior building upkeep and minor repair, including minor wall, window and door repair; exteríor painting of the House and water tower per Secretary of the lnterior's Standards, Painting shall be performed by, or under the direct supervision of, a qualified licensed painting contractor, Lícensee shall obtain the approved paint type, color and preparation/application specifications from Licensor prior to bidding and commencing said work. 3 l l.lnterior and exterior structural repair and upkeep of the portion of the Barn (which is a non-contributing structure to the National Register listing of the Congdon House) to be used for program-related uses by Licensee per Exhibit A; balance of the Barn is under license agreement with, and resgonsibility of, South Coast Farms, However, no alterations to the use portion of the Barn shall occur without prior written approval by the Licensor. 12.No alterations to the Congdon House site shall occur other than previously approved by CUP 08-003, and/or without prior written approval by the Licensor. l3.lnterior repair and maintenance of water tower if proposed to be used for program-related uses by Licensee with prior Licensor approval, (c) Tenant lr.nppveruLe-nts: Licensee shall undertake, without prior notification to Lícensor, only those lmprovements included in the approved plans for CUP 08-003 for which a building permit is not required. The Licensee shall have sole responsibility for obtaining a determination from Licensor whether or not a permit is requÍred, shall obtain permits for all work which requires permits, and shall comply with all conditions of said permit and CUP 08-003. For any proposed improvements that are not included in the approved plans for CUP 08-003, Licensee shall submit to the Developrnent Services Department, in writing, any desíred changes/improvements to Property before commencing any work on said improvements. Licensee must recoive written approval from Licensor prior to making any improvements or modifications to the facitity in accordance with this paragraph, All improvements undertaken by Licensee and their maintenance shall be the financial responsibility of Licensee. Furthermore, Lícensee.shall restore Property back to its original condition at the end or earlíer termination of the Agreement, unless Licensor provides written permission to leave improvement(s) in place. Section 7. Domgstic and lrripation *Wgter,_Flggtripql..- G.as* Tçlephonq, ï-e-l ev i s i o n/C a b I g/ W i re I esq S e-r_vjpe s. Expenses related to any and all of these utilities and services for the Property are the sole responsibility of Licensee, Within 30 days of the effective date of this Agreement, Licensee shall change all applicablo accounts out of Licensor's name to Licensee's name, Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these utitities and services. Licensor staff will not meet vendor for delivery, installation, repair, or removal appointmenls. Prior to final implementation of the CUP 08-003 approved site plan, Licensee shall obtain necessary permits and approvals, and shall ínstall a sub-meter and/or other facility as determined necessary by the Licensor Utilities Department, to provide separate irrigation water and metering for the northerly landscape area. 4 Section 8. LicensorResponsibilities* Licensor shall be responsible solely for the following items: (a) Structural repair, roof repair/replacement and exterior character-defining feature repair/replacement as determined by the City Manager or designee for House and water tower.(b) Maintenance of water/sewer mains and storm drains external to the site that serve the Property.(c) Repair or replacement of House electrical system due to aging of structure.(d) Periodic trimming and maintenance as determined necessary by the Licensor for the three pre-existing historic trees (palm and citrus southeast of, and palm ín front of, Congdon House).(e) On or before the first anniversary date of this Agreement, Licensor shall either remove at Licensor's cost from the storage location, or assume the account and monthly cost of storage for, the Williams/Swanner House furnishings referenced in Section 6.b,8 above, Licensee shall cooperate fully with Licensor to accommodate and facilitate the removal or change- over of the account in accordance with the tímeftame specified. Once removal or change-over of the account ís accomplished, Licensee shall be relieved of all further responsibility, physical, financial and othenruise, for said furnishings for the remaining term of the Agreement. Section 9. Conditíans of Operation. The Property shall be used for environmental education and museum functions in accordance with the provisions of this Agreement and CUP 08-003 including the specific conditions therein and the approved site plan, as amended from time to time and incorporated herein by reference. (a) Any holes or other defacement of the walls, roof or ceiling of the House shall be repaired and restored back to original condition by Licensee, No structural or other changes of any kind shall be made to the House unless prior written approval is obtained from the Licensor. The floor shall be maintained in its original condition, with no permanent alterations; only temporary coverings (e,9,, rugs) that do not need to be affixed to the floor are allowed.(b) Licensee shall obtain approval from Licensor for distribution of keys, and shall provide Licensor a list of key-holders. No unauthorized distribution of keys shall occur.(c) Licensee shall, at all times, keep the Licensor's designated liaison, the Historic Preservation Manager, advised of the Licensee's current address and telephone number.(d) Licensee shall, at all times, ensure that the operation and use of the Property does not adversely affect the public health, safety and welfare. 5 (e) Licensee shall submit a performance report annually on or before January 31 to the City Manager per City Council Policy 014 including the following: 1. Number of visitors receiving benefits from activities including tours, meetings, and classes; 2. ïhe city of residence of citìzens receiving benefits 3. Proof of the organization's continued nonprofit status; 4, Disclosure of all activities being conducted on the Property, including tours, meetings, and classes; 5. Description of maintenance of Property; and 6. lnformation on the total revenue received by the Licensee in conjunction with the operation of the Property under thís Agreement during the reporting period and disclosure of the sources of that revenue. Section 10, Compliance with Law; E-Verify 10.1. Compliance with Law. Licensee shallcomply with allapplicable laws, ordinances, codes and regulations of federal, state and local government. 10.2. E-Verify lf Licensee is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Licensee shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Licensee shall verífy employment authorization within three days of hiring a new employee to perform work under this Agreement. lnformation pertaining to the E-Verify program can be found at http/Www,l¡scis.gpv, or access the registration page at https://e: verifvJ,lscis.qq.v/çErolU" Licensee shall certify its registration with Ê-Verify and provide its registration number wíthin sixteen days of the etfective date of this Agreement. . Section 11. hsu,rqqç.ellndemnitv. On or before beginning any of the services or work called for by any term of this Agreement, Licensee, at its own cost and expense, shall çarry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the Licensor, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the Licensor. lnsurance required herein shall be provided by Admitted lnsurers in good standing with the State of California and having a mÍnimum Best's Guide Rating of A-Class Vll or better. 6 (a) Comprehensiye QpîeffiLliaþilitv. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars ($1,000,000), per occurrence combined single limit coverage" (b) Pr_qof of lnsurance Reauirements/Endorsement. Licensee shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming Licensor, its officers, employees, agents, and volunteers as additional insured as respects each of the following: liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of Licensee; or prernises owned, occupied or used by Licensee. The coverage shall contain no special limitations on the scope of protection afforded the Licensor, its officers, employees, agents, or volunteers. (c) Notice of CancellatigniïelminEtion gf. Jnquranco. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days'wrÍtten notice is given to Licensor, except that ten (10) days'notice shall be given if there is a cancellation due to failure to pay a premium. Sectíon 12, No Assiqnments. Licensee shall not assign this Agreement or any interest herein, or sublet the Property or any part thereof, or license the use of all or any portion of the Property or business conducted therein or thereon, or encumber or hypothecate this Agreement, without first obtaining the written consent of Licensor. Any assignment, subletting, licensing, encumbering, or hypothecating of this Agreement without such prior written consent shall, at the option of the Licensor, be subject to automatic termination of the Agreement by Licensor. Section 13. ïermination. (a) This Agreement may be terminated upon the default of one of the parties. ln the event of a dispute between the parties, Licensor and Licensee shall first meet and confer regarding the matter, lf the dispute cannot be resolved through a meet and confer sessÍon within thirly (30) days of written notice of a default, then the Agreement may be unilaterally terminated by the non-defaulting party. (b) Notwithstanding the five-year term of this Agreement, Licensor and Licensee mutually reserve the right to terminate this Agreement without cause at any time by providing ninety (90) days' advance written notlce of termination to the other party. 7 Section 14, Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S, mail, or personally served upon the other party. To Lícensor: City of San Juan Capistrano City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Jo Licensee: Evan Marks, Executive Director The Ecology Center 327Al Aipaz Street San Juan Capistrano, CA 92675 Section 15. Attorn-e_ys' Feeg, lf either party commences action against the other party arisíng out of or in connection with this Agreement, the prevaíling party shall be entitled to have and recover from the other pafi reasonable attorney's fees and costs of suit. Section 16. Entire Açrgemgn"t. ïhis Agreement constitutes the entire understanding and agreement between the Parties regarding the Property and supersedes all previous negotiations between them pertaining to the subject matter thereof, lN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. ISIGNATURE PAGE FOLLOWSI I CITY OF SAN J STRANO By: Dr. Londres Uso, Mayor REDEV MENT AGENCY ura , Chair LICENSEE: ECOCENTER, INC, By: Evan Marks, Executive Director By La i-\ ATTEST: Cfty l\]p{¿"nL,r t.-I t Lfr\ü APPROVED AS TO FORM I EXHIBIT A The Ecology Center License Agreement Site Plan SITE AREA: APPROXIMATELY .75 ACRE Driveways/farm access under joint use of The Ecology Center and South Coast Farms. NAP "ffi "Not A Part" designating ex¡sting weather station Exhibit B PORCH - ?--t__* (N)ADA Restroom BATH !ru-rtä¡ ø 'ø :r.øm 9 The Ecology Center The Ecology Center Joel Congdon House, First Floor Exhibit C I -j i \ R T \ I Å-4r H_* Joel Congdon House, Second Floor No public access/use k Jt'rû l.*.*-" --* H "HAL[' a'u @ TËC Office ïEC Office TEÇ Office bl îhe Ecotogy Center sÉ'ï ¿{3 ¿?t} v så9 {¿l n?¡f I tnlçíı ti¡rcrçlo9y€ inlrr. orS llHf $rp¡¡ St 5¡n J¡¡¿n tolr¡tr¡ns Ë¡1¡ls¡nr¡. f ?S?3 I frf r c 6l 4Ey{ rril ûv $rq 201 5 Annual Performance Report MrSSr0N The Ecology Center educates, inspires, and empowers people to be stewards of our shared environment. The Center is founded on the idea that each individual can make a difference to transform our communities and etevate the gtobatheatth of our ecosystems. This is achieved this through sharing skitts, building community, and creating relevant educationaI content in the f ive core areas of Food, Water, Waste, Energy, and Shetter. EXECUTIVE SUMMARY Since its founding in 2008,The Ecotogy Center has made considerable progress in the devetopment of its educationatfacilities and infrastructure, enabting the organization to continue to serve residents of San Juan Capistrano and neighboring cities, locatschoots, and community organizations. I.INDIVIDUALS SERVED ln 201 5, The Ecotogy Center reached 48,0ó5 participants across 179 events and obtained 1 2ó,000 digitat interactions through web and sociaI media platforms, The Ecotogy Center welcomed 18,552 visitors through onsite programs inctuding youth fietd trips, schoot programs, farm tours, community workshops, pubtic festiva[s, community educationaI programming, events, drop-in visits, and meetings.Visitors included residents of San Juan Capistrano, San Clemente, Dana Point, Capistrano Beach, Mission Viejo, Laguna Nigue[, Atiso Viejo, and Laguna Beach ptus various other Southern Catifornia, interstate and internationaI visitors. The Center directty reached over 29,513 peopte through various off-site programing events including our marquee Grow Your Own! schoolgarden program, The Water Effect initiative, participation in the Orange County Chitdren's Water Festiva[, the Hurley Pro surf competition, and various community events throughout the region. 2O I 5 TOTAL PARTICIPATION # of Events Pubtic Programs 7t Schoot Programs ó0 Events 22 Visitors # of Participants 5397 28096 3572 1 1,000 179 480ó5Total And greatly supptementing the 48,0ó5 physicat interactions, The Ecotogy Center saw a signif icant increase in its digitatoutreach by reachrng over 12ó,000 peopte via web and sociaI media channets, a staggering 9ó% increasefrom20l4. ThisincreasehasallowedtheCentertotakethetegacyof SanJuanCapistrano,andthe eduction of the Center, to communities and regions otherw¡se geographicatty inaccessib[e. ATTACHMENT 3 II. ACTIVI]IES AT THE ECOLOGY CENTER Untike any other destination location in Orange County, The Ecotogy Center provides a variety of activities, events, and community offerings each year; designed to create community, and empower individua[s to be stewards of our shared environment. PROGRAMMING / EDUCATIONAL ACTIVITIES . Backyard Skitts - A lecture and workshop series that teaches hands-on techniques and positive ways to Iive in connection with our ecosystems. . Eco-Lab Fietd Trips & Summer Camps - Through tours, field trips, content, and curricutum tootkits, educators and students can engage with ecotogy rn fun, hands-on ways that also satisfy the Catifornia State Standards for Science. . Green Feast - The Ecology Center's annuaIfundraising benefit celebrates and educates on the fundamentaIimportance of localand sustainable agriculture,0range County's most distinguished chefs and purveyors donate their time and tatents to prepare an artisana[ dlnner for community leaders, business leaders, and residents from a[[ over Southern Catifornia. . Community Tabte - lntimate five course meats hetd in our courtyard, paring locaI purveyors and chefs, and engaging participants in the discussion about heatthy and sustainabte food systems. . Farm Tours / Setf Guided Tours - Free setf guided educationaI tours and docent led weekend tours. . Earth Day - Each year in April, The Ecotogy Center hotds a free Earth Day Cetebration for San Juan Capistrano residents, and locaI communities. . Maker's Market - Maker's Market is an annualfatlcelebration of locaIartisans and craftspeopte who create functiona[, sustainabte, homemade goods. Free to 5an Juan Capistrano residents and to local communities,. Farm-to-Fork - Hands-on cooking ctasses for kids and adutts starting with farm-fresh ingredients and ending with a deIicious, nutritious mea[. . Basic Needs - To advance the dialogue around some of today's most pressing-and most tangibte- environmental issues, The Ecotogy Center hosts renowned experts and entrepreneurs for a series of evening lectures. . Farm Fitm Series - Summer evening film series, featuring educationatfilms addressing a variety of topics around sustainabi[ity.. Permacutture Design Course - A 3-month Permacutture Design Course and Certification taking place at The Ecotogy Center from June through August. . Partner Events - Corporate of private events providing hands-on skilts education and farm tours, accompanied by a private and locaLty sourced feast in The Ecology Center courtyard. . Toots for Change - 0ur award-winning General Store and Resource Center for curated and eco-approved products that move us toward a more sustainabte consumer culture. COMMUNITY OFFERINGS . Get Barreted - A MWDOC supported program for the distributron of hundreds of discounted rain barre[s each year to San Juan Capistrano and Orange County residents. . Community Supported Pantry (CSP )- Supporting locatfood purveyors through a subscription based distribution of [ocaIjams, breads, and pantry items. . Volunteer 0pportunities - The Ecology Center welcomes thousands of community volunteers each year to participate in garden care, event facititation, organizationaIsupport, community outreach, chicken and fruit tree care, and a variety of educationaI opportunities. MISC ' Board of Directors meetings . Staff business / meetrngs . Various partner meetings III. MAINTENANCE AND IMPROVEMENTS The Ecotogy Center is committed to preserving the integrity of the Congdon House, and is prompt in addressing repairs, safety concerns, and other maintenance issues. The house is cteaned weekty by a professionalcteaning staff, and the surrounding gardens and grounds are regularly maintained by onsite staff, weekly votunteers, a farm manager, and weekly garden crews. ln 201 5, The Ecotogy Center invested $103,443 in maintenance and improvements in and around The Congdon House, lmprovement projects executed over the past year include: - lnstatlation of a functioning and educationatAguaponics exhibit - Enhanced DIY Lab: Buitt and instatted work area, table, and outdoor faucet i sink - Courtyard overhaut: lnstatled educationalEco-Kits and enhanced veggie boxes - Water Footprtnt exhibit pavers enhanced and reinstalted with permanent metatsignage - Front porch repainted - Various Congdon House structuratrepairs compteted in continuation of the Fatt2014 termite fumigation / repairs - Pubtic access, etectronic vehicte charging station insta[[ed - Additionat chicken coop buitd-out started (finished ln winter 2016lr - Shetter Lab enhancements: lnstatled educationa[, interactive signage and ptedge station - Enhanced sustainabitity signage on site - lnstalled low wattage tight butbs throughout the facitity - Re-mu[ched the entire facitity - Facititated ongoing maintenance of facitity, [andscape, hardscape, and gardens rv. REvENUE Funding in 2015 came from three main revenue streams:Grants / corporate partnerships, earned income, and donations / memberships. Corporate partnership and major grant funding was provided by: Hurley lnternationat, Chipotte, KIA Motors America, 5DGE, Wetls Fargo, New Be[gium Brewing Co., The MunicipatWater District of Orange County, CR&R, Sambazon, Farmers and Merchants Bank, Marisla Foundation,Orange County Community Foundation, Tod and Linda White Foundation, Annenberg Foundation, Lawrence Frank Foundation,Teach a Man to Fish Foundation, Hexberg Famity Foundation, Catifornia Community Foundation, and the Capistrano Unified SchooI District Foundation. EducationaI programming generated the second category of income, and inctuded revenue from our pubtic educationaI programs ( workshops and skitls classes ), schoot programs ( camps, fietd trips, school curricutum, teacher trainings ), Community Tabte events, private partnership events, generatstore income, pubtic festivats, eco-design consutting, and our annuatGreen Feast fundraising dinner. Private donations and membership dues account for the remainder of our 201 5 revenue INCOME Grants and Partnerships Earned lncome Donations / Memberships EXPENSES Program and Facitity GeneraI and Administrative Fundraising NET INCOME $420,042 $338,859 s284,703 $811,221 $17ó,45ó $32,241 $23,ó8ó V. GOALS FOR 201ó With our enhanced infrastructure and increased organizationalcapacity, The Ecotogy Center is poised to continue to serve the peopte of San Juan Capistrano and neighboring communities in 201ó and beyond. Expanding on our seasonateffort to engage more advocates of sustainabitity, we are shifting our organizationaIfocus in 2016 towards community-based initiatives. 0ur intention around an initiative-driven organization is to further develop and buitd educationatexperiences that are repticabte throughout the community-creating a modetto expand a culture of sustainabitity. ln 2016, we focus on our community initiatives to galvanize our coltective change making: The Water Effect - Good water stewardship / Winter Grow Your Own! - Vibrant garden ecosystems / Spring Community Tabte Accord - Sustainable food systems / Summer Handmade Makers Market - Artisan craft cu[ture / FatI Each of these lnitlatives seek to inspire the residents of San Juan Capistrano and our co[[ective communities in soIutions to ensure our heatthy and vibrant f uture. Our strategic goa[s for 201ó atso inctude: NATIONAL VISIBILITY We wittcontinue to create high quatity, unique educationa[content to inspire, engage and expand the visibitity and activation of our core initiatives and organization at Iarge. 0ur work this year wi[[scate the impact of these resources. By strategicalty partnering with prominent content distributors, we are able to put our content in the hands of peopte across the country. SUSTAINABLE BUS¡NESS The Ecology Center wil[continue to practice a modelof sociatenterprise. By supplementing our partnerships, donations, fundraising, and grants with paid income opportunities, we are abte to practice truly sustainabIe business. Creating scalab[e initiatives wi[[aItow us to offer robust paid services to the community which support our vision of a sustainable future, in addition to our subsidized educationaI offeri ngs. REGIONAL IMPACT ln 201ó, we are deepty committed to continuing to have a positive impact in our localcommunity.0ur goaIis to engage over 10,000 individuats with hands-on learning at Community Events (4,000), Schoot/Youth lnitiatives (6,500) and Skitts-based Programming (1,1 00). COMMUNITY TRANSFORMATION Through 4 community-based initiatives, we have set a goatto make tangibte change through project-based transformation. ln 20,ló, we witt empower 100 Community Projects inctuding school gardens, backyard ecosystems, and sustainab[e practices in restaurants throughout the region. The Ecotogy Center is proud to be part of the community of San Juan Capistrano, and looks forward to continuing to serve the City's residents, schools, businesses, and organizations in meaningfuI and innovative ways this year, and for years to come. PC RESOLUTION NO. 16-02-23-1 coNprnoNAL usE PERMIT (g.UPl r5-0p,6 A RESOLUTION OF THE PI.ANNING COMMISSION OF THE CITY OF SAN JUAN cAptsTRANO, CALTFORNTA AppROVtNG OF CONDITIONAL USE PERMIT (CUP) 15- 006 FOR THE ECOLOGY CENTER PROJECT LOCATED AT 32701 ALIPAZ STREET (ASSESSOR PARCEL NUMBER 121-í90-57XEVAN MARKS) Whereas, Even Marks, The Ecology Center, 32701Alipaz Street, San Juan Capistrano, C492675 (the "Applicant"), has requested approval of Conditional Use Permit (CUP) 15-006 forThe Ecology Centerwhich would modify Conditional Use Permit 08-003, specifically permitted uses, hours of operation, frequency of events, parking requirements and alcohol services located at the Congdon House at 32701 Alipaz Street which is General Plandesignated Agri-Business, classified as Agri-Business, and regulated by Specific Plan (SP) 85-01, Kinoshita Farm on the OfficialZoning Map (the "Project"); and, Whereas, the City of San Juan Capistrano is the owner of real property located at 32400 Paseo Adelanto; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the EnvironmentalAdministrator has reviewed the proiect pursuant to the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt (State CEQAGuidelines Section 15301; Class 1 "Existing Facilities") from further environmental review; and, Whereas, lhe Planning Commission conducted a duly-noticed public hearing on January 12,2016, February 9, 2016, and February 23,2016, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Gouncil Policy 5 to consider public testimony on the proposed project and has considered all relevant public oomments, NOW, THEREFORE, BE lT RESOLVED, that the Planning Comrnission of the Clty of San Juan Capistrano does hereby find that the project is Categorically Exempt (Section 15301; Class 1 "Existing Facilities") from further environmental review under CEQA. The project is consistent with Section 15301 because the proposed modifications to the CUP result in uses identical or substantial similar to those already permitted and taking place at the Ecology center and within theAgri-Business designation. Therefore, the proposed modifications to the CUP do not result in an expansion of the existing use. ln addition, the CUP modifications will also not result in any physical alteration of the Joel Congdon House or any other structures at the Ecology Center site, thus there will be no expansion of capacig. Further, none of the exceptions to the exemptions, found in State CEQA Guidelines Section 15300.2, apply. NOW, THEREFORE, BE lT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings ATTACHMENT 4 2 as established by Section 9-2.317,Conditional Use Permit of Title 9, Land Use Code of the City of San Juan Capistrano 1. The proposed use and design are consistent with the maps and policies of the General Plan because the modifications will not have an adverse impact on the primary agricultural use of the site. Physical changes and enhancements to the surroundiñgs of the Congdon House complywiththe CulturalResources Elementof the General Plan. The modification is consistentwith the Secretary of the lnterior's Standards primarily because it will have minimal impact on historic materials, is compatiblewith the s¡te's historiccharacter, and willappropriatelyaddress potential archaeological resources. The proposed use and design are consistent with the purposer intent, and standards of the Land Use Code and any applicable specific plan orcomprehensive development plan, except as otherwise approved, because the site is zoned Agri- Business and regulated under the provlsions of Specific Plan (SP) 85-01 , Kinoshita Farm, which allows for accessory compatible uses to the primary agricultural production use at the site. The proposed events are related to the agricultural use of the site and are considered accessory and compatible to the primary agricultural production use. The site for the proposed uso is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the applióation because the modification will occur at an existing historic developed site. There are no project components that affect or involve yard, open space or setback standards. The site has existing parking and access in accordance with Land Use Code, fire and building code requirements. Adequate trash and recycling receptacles exist on the site at the rear of the structure and coordinated with the farm's existing trash service. The proposed use and the ongoing operation of the use are compatible with abutting properties and the permitted uses thereof, and willnotgenerate excessive light, noise, vibratlon, odors, visualblight, traffic, or other disturbances, nuisances, or hazards because the modifications and ongoing operation is compatible with the abutting farm on three sides and the existing residential uses on the east side of Alipaz Street. The proposed usewillcontinue to operate as an enhancementof the existing farm use and will not create any additional impacts related to light, noise, vibration, odors, visual blight or other disturbances, nuisances, or hazards etc, The site for the proposed use has adequate access and parking to support the use because modifications are not proposed to impact access and parking and the project will utilize an existing vehicular entry to the site and adequate access and parklng exists on the site; and the use will not generate significant or excessive traffic, 3 4. 5. NOW, THËREFORE, gE IT FURTHER RESOLVED, thal the Planning Commission of the City of San Juan Capistrano hereby approves (CUP) 15-006, subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. NOTICE OF DETERMINATION: The Planning Commission hereby directs staff to prepare and file a Notice of Exemption with the County Clerk within five days of the adoption of this resolution. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings, EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period, subject to an appeal application, The appeal period shall expire at 5;00 p.m., Wednesday, March 9, 2016. This project approval is a modification to an already existing use and is in effect as of the date of this approval. PROTEST OF FËËS, ÐEÞICATIONS, RESERVATIONS OR OTHËR EXACTIONS; Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PA$SËD, APPROVED AND AÞOPTED rd ay of February, 2016 Willia hairman {o Serg lotz, A , Assistant Development $ervi Director Secretary EXHIBIT A PC RESOLtmOl,l NO. 18{2¿3.t CONOMONg OF APPROVAL PROTECT LOG il: Condlüonel Uss Pemlt (CUP) 1m06 PROJECT NAIUIE: The Ecotogy Center PC APPROVAL DATE: February 23,2016 Theoe condlüonc of approval appty lo üþ sbcn e.,roßßnæd prqed appllcaüon doacrlbed ht mon detall below. Føthe purpose of thæe oondillone, the term'appllcanf ghall abo mean the developsr, ths owner or any euccaseo(e) ln lntemst to the terms of thlg apprcval. GEÌ{ERAL CONDIï|ONS¡ A.Pmtec[ Phns. The sutþril pro¡ed æml¡t¡ ol Condlüonal Uso Penilt (CUP) 1S 0(F to m@ CUP 0&{103 locabd at 32701 A[paz Sboot (Assossor Parcel Numbor lzf-îS)-5"t), whlû l¡ Oeneral Plandeslgnstod Ag,SBt¡slness and classlñed ae AgrþBudness End regulated undgr the provislons of Speclñc Plan (SP) 8il11, Klnoghlta Fam. Thl¡ pmlect approval ls bassd on end sublsc't to the appllcallon m¡terlals preparsd by The Ecology Center - alte photoe, sketdteo and holudlng dto plan(e), and any other plans. Th€se pl¡na and the propos€d rne d tlre proJect slte afe hereby lncorporated by refennce lnlo lhl¡ apprcval as submltted and oondlüoned hergln, and shall not bc ft¡rther altersd unlegs nvleuued and apptoved pursuant to Artlcle 9-2.301, Development Revlew Prooeduree of Tltle 9, Lsnd Use Code. Comdhnce Wth9ublde. Reoq¡lnmenb. Approvel of ütls appllcaüon doe¡ not ntmffi¡pptlcani from comp|iæ ¡rûh other apptlcaÞb F€deral, Steto, County or Clty regulaüons or reqrdremenb. Ths applhant shall comply- utn a!! requirdments of tlrs ÇlU of San Juan Capi¡bano Munlclpal Code, al! requlnmenb of Clty odlnanceo, ræolutlons, end all appllcable stenderds and poi¡ctes that are ln efrec,t âl tñs llrne that bulldlng pomlte ate lssued for lhe devglopfli€nt ShBsd Pteng. All plane, ¡pec¡lTcetbns, studiæ. ttpoile, caþuhüons, mEFo, ñd€s, legal documenb, and derþne shall be pnPared, otamped and slgned, when nqulnd, only by thoee lndvlduala legally autltortsd to do ao. tgqal Dphæe. The appllcant, lts agents, npresenffives, gl¡coessor¡, and ass@--ahall d€þnd, hdemrúfy and hold harmleoe the c¡ty of San Tuan CapHnno, lts eleded and appohted officl¡le and omployeeo, and lb contact consultenb, fqn any clalm, aoüon or procoedlng lo atbak, gst ælde, vgldt o¡ annul any land uee approval æsodatod wllh lhlg proJ€st, lncludlng but not ltmltsd to erwlrcnmental app¡wds under CEQA, archltec'tural conlrol approvals, use pormlt approval¡, or othsr appllcable Clty ffitnlclpûl Codo Tltle I lald uee approvalo. Upon notlce prcvlded by Clty to the appllcant, lts agenb, reprerentaüna, sucoeosont, or asslgneæ, of eorvloe of grccece of auoh dalmg or adlom; lhe proJed proponenl [b egenb, npreeentetlveo, ¡uccoooon, end B. c. D. PC Reælutlon 1&02-2 1 CUP l&U)A, fln Ecrdqy Ønter Øndilbns oî DaIe aÍApprwd: February Ap¡rp¡vd 23,20tC tugs2úSpaged areþneea, ahall lmmedately ad lo prcvlde an apprcpñeûs debnss to sudt dalms or don¡. Tho ¡pdlcant shsll congult n'ith thc Clty A[omey lggaÉlno apprcpdate defems couneel h the ewnt of the fr[ng ol euch dalmt or ac{lon¡. (DsD) E. Dlscmpalw Cbuss. ln the ewnl lhût exhlbite and wdüen condtlons an lnænslsbnt, the r¡rdtbn condlüons ohall pnvail. lf lhen alo any dlepadtlee betwson the¡e condlüons and üre phne orf,nalßvlsed phno üat an approved hr any subsoqucnt phsse, lhe condltbns anüor plans ee dlpuloted ln the latsr approvsl ohall provall. F. Fee¡. The appllcant shall pay allfeog A ths tlmE Ëes ale detemlnod payable and comply wllh all rcqulrcmenh of he Cþ of San Jr¡an Csplcbano Munlclpal Code Secüon 9.5.101 and appllcable fedsral, slsþ, and localagenclee. The duty of lngulry æ lo such mqulrsmenls shall bt upon ths applloant. .# THE FolLowito couDmoNs snAtr BE sAnsF¡ED pRroR To ¡sSuANcE oF ANY BUILDING PERTHT(S1: - 1.1 Ao0llcFbte Codes. Pllor to bsuance ol bulldlng permltr, plane for thls profsct sha[ be submltted to lhe Bulldlng and Safety Dlvlslon for revlew and apprcval, and shall comply wlth lhe lalo$ Clty-adopted edltlon of he appllcable bulldlt€ codes. (B&Sl 1.2 Conceoolon f8neok Ber). prc¡ed shell be submttted Prlor to bsuanco of bulldlng pormlts, plsns for hls to üe Plannhg Dlvldon for rcvlew and entlllemenl processlrg. (DSD) t îrE Foltoruus coNDrnoNB SHALL BE SAnSFleD AT AtrniltEs: 2,1 Houn of Ono¡ntlon. TIte uso may bo operated da¡ly, b€tr¡vs€n the hourg of 8:00 a.m. and 7fþ p.m. The use houn may e¡rtend to 10;00 p.m. up to thr€g evenhge per montñ, ftr a tobl of up t9 3ô ümæ Fryoar. (DSD) 2.2 A[oq3fid gemlno.def Avlon $ü¡st Peillno,, Hlor vrlttcn apprcurl by the Clty Eñdnsoi ls rsqulr€d on a æ8c Oy case basl¡ for the elx (8) annual communfiy eveng br padttrg on ths rvest ¡lde of Aþeø Sf€et (from Vla Pælthn to Camlno' dot Avlon) and Camlno delAvlon $md of Allp Sbest). (PWAUD) 2.3 Alcohol gerulce. Ths ondte sale of alcohol ghall not ba pemlüed. The eervlcs of amnıf may bs serued ln conjundlon wlür, lhe eh (6) armu¡l communlty ouonb, corporate educaüonalevenb and odlnery educaüonel clae¡ss: oubJec.lto apprcval from thg Departmetit of Alcoho[p Beverage Control (ABC] br a lday (dally) eeller llcense for eech ovont. (OSD)Þ 2,4 Annual - Clas¡lWorlr¡hoqstEvents Calender. The appllcant ¡hall submlt to lhe Fmñm ffislon ã celendar of a[ ¡cttultles lor each oalendar_year. Slx (6) annual communlty evenb shall be lnduded ae palt düt¡s gup. (DSp) 2,6 Non-Educ¡tlon Focu¡sd Evgntsr Ac{Mlþs lncludlng updllng csrsrrþnlee/ r€coi¡fonc andconcerls alg not pemlfied on the proFrty. (DgD] FC Reæftíton 1&t2-2ï1 CUP l0-{nû, Trp &rip¡gy Center P¡oo3 of'pgtos Ønútuipol DateoîAppmvd: FúruW Apryval 8,2U4 - 2.e AmollEsd Sound. Ths uge of amplllïsd sound fur llve entertalrunent shall bo llmlled þ the slx (0) annual oommunþ eventc. (DSD) 2,7 8[g¡l4lnbn$ce¡ Tho appllcant shdl malntaln all porllone ol the a[e, lncludlng undeveloped aruag, pursuant to Munldpal Code ßqulf€ments for propedy malntenar¡cs. (DSD) - 2.0 Thc projea ohall bo conetruded ln accordgnco wllh allthe approved plans and condlllons of approvel, lncludhg but not Fnlbd to ¡lte plan,'ioor plan atd landscapeÍrdgaüon Sans. (PlJl) Lg OCFA" Coorürdo all evenb wü he Onnge County FIro A¡ütority (OCFA) - conûad Lynne Plverofi0tfflO 5rc€f æ. RegponsrbroDepaûnenb/Asencrs¡: BBI*8, BË'åffii'$iffiBi[51i"'t Pl/t/&UD: PUU¡cWorl€ and tlülnlee DepsrünsntOCFA Orange County Flrs AuütoûU Appllcant Ac¡rptancs of Condlüone of Apptovol: (name Ilate I